Questions related to Islamic Law
this is a comparative study question between Islamic law and Common law/ Civil law
First, Islam teaches that Sharia comes from God. Since God is universal, immortal, and perfect, the Sharia shares the same attributes. Thus, in accordance with the universality of God, the Islamic faith teaches that Sharia must be applied throughout the world, in the East as well as in the West: all other legal systems currently in existence must give way to Sharia. Islamic law is superior to all other legal systems, and teaches Islam, because it comes from a perfect source, which is God. In fact, it is a global legal system. Sharia transcends time and space. It is multicultural and ahistorical. That is, it applies to any society in the multiverse now and forever.
There is no law in Arab countries or a constitution because the second article states that Islamic law is the source of all laws, which turns the rest of the articles of the constitution into comical decoration.
For example, equality means that a woman = 1/2 a man and a slave = 0. An innocent person is guilty until proven innocent and all food, drink and acts of daily life are prohibited until Sharia provides permission.
The reduced sentence is 100 to 10,000 lashes if the accused survives, plus amputation of hands and feet, not to mention crucifixion to death.
Now, having invented computers, mobiles, space travel and all other forms of modern technology, does it reduce the conflict or can it be harder than before.
The question remains unanswered: Will Islamic Sharia demolish all Arab countries, or vice versa?
Emon, A.M.; Ahmed, R. (Eds.), The Oxford Handbook of Islamic Law, 2018, ISBN 978–0–19–967901–0, states “Qur’an has no more than 500 verses of legal import” (page 406, Chapter 16, The Classical Period, Scripture, Origins, And Early Development by Mariam Sheibani, Amir Toft, And Ahmed El Shamsy).
A source for that information is not provided.
Would you kindly help us and tell me who has done the study that found that number?
Struggles over whose law is better is continuous but can you perceive any common factors among all laws that unite them? How to agree on some common principles? Is reconciliation possible?
I know that integration is possible but what do you perceive the best way to harmonise differences of opinion yet allow everyone to follow distinctive legislations of own sources of law?
Thanks to all in advance.
Which books considered as fundamental literature of Islamic economics according to Hanefi school of thought after kitabul kharz and Amwal ?
I read somewhere that Ulema in British India agreed to Shafei provision of Khula which was not granted under Hanafi Law because Muslim women had started converting to Christianity to seek divorce. Does anyone know any source providing more information and evidence on this?
There are some controverses regarding GMO's. On the Halal concept of Islamic Law, if animals are fed GM feed, then the animal products will be halal or not? If anybody know about this and have any research article, then please help me about this issue.
Thanks in advance
The world witnessed a marginalisation of normative perspectives in disciplines and an emphasis of positive perspective as the norm upon which disciplines should be developed. This caused much destruction in material and non-material sense. What does the future hide from us?
Brothers/Sisters, I m conducting my research on the comparison of Hindu Religious Law and Islamic Law regarding fiscal contracts. The "Law Book of Manu" of Hinduism is key source in my research. The commentary of "Medhatithi" is very helpulin this regard. Plz provide me the book, specially Volume IV with it two parts, in pdf file form. Thanks
I'm looking for a general description and neutral assessment of pluralist legal systems, in which different rules apply to different (non-territorial) 'subnationalities' for some specific topics, while all are cititzens and are treated equally for the application of the general rules outside those topics.
The different non-territorial 'subnationalities' are generally religious communities but sometimes the difference is between autochtone and colonial/immigrant communities.
The topics governed by different rules generally are "personal status", descendence (recognition, adoption), marriage and divorce, intrafamilial obligation (husband-wife, parent-child), inheritance, sometimes also land (religious trust like waqf, native title,...)
Questions I want answerend:
1. What are relevant countries: Lebanon, Israel, Turks in Greece, India, Pakistan? Indonesia? Malaysia? Mayotte till recently, New Caledonia,... and what are the topics covered there by different rules?
2. How does the state treat following problems:
a) How to categorise everyone? e.g. child of mixed origin, orphan brought up in other group, foundling, immigrant, faithless, ...Is change or conversion possible? (Is there a 'third' neutral or residuary category and set of rules?)
What about mixed problems? Are mixed marriages possible?
-> I think the categorisation is mostly self-evident (if not self-designation), dubious cases are rare. These issues are similar with problems treated by international 'conflict of laws' or private international law, where (up to a point) you can not choose your nationality and mixed cases are rare but do occur.
b) Who applies and interprets the rules? Who administers justice? (religious courts?) Can those judgements be challenged in state secular courts on procedural grounds? (compare with arbitral award challenged in court)
c) Can the rules be changed? If the religious rules are accepted as having divine origin, they cannot be changed by 'mortals'. This seems to me the most problematic issue (democracy) but it is conceivable to let the state (democratically legitimised) legislate in those areas (India : Hindu Code bills 1955-56).
d) Can the rules be challenged in state courts on secular grounds like equality (man-woman), other human rights? (most serious question if the rules cannot be changed democratically) (compare with "public policy / ordre public" doctrine in private international law where the judge in extreme cases will not enforce an applicable foreign rule if it's "repugnant" to the basic values of the forum state)
We are looking for a researher to collaborate with me and my colleagues, Dr. Mohd Mustaffa and Marliana Abdullah on Shariah Law and Social change: study on the development of the rights of Muslim women in inheritance, a comparative study in two nation states Malaysia and Brunei.
We just starting to collect data from Malaysia and we need similar data from Brunei.
If you are interested, please email me back asap.
Syaripah Nazirah Syed Ager
My research topic is "Consideration of Maqasid al-Sharia'ah in Imam Mohammad Ibn Hasan al-Shaybani's Legal Thought". Maqasid al-shari'ah means the general objectives of Islamic Law that promote human welfare and public interest through commandment of common good and prohibition of harms. These are 1) protection of belief, 2) protection of life, 3) protection of intellect, 4) protection of progeny, 5) protection of property, and 6) protection of honor. Shaybani neither wrote any specific book or chapter on the maqasid al-shari'ah nor he mentioned it purposively throughout his legacy. However, it is observed throughout his legacy that he considered maqasid al-shari'ah. I am going to explore various components of theory of maqasid shari'ah that prove al-Shaybani's maqasidic thinking and its application in his legal thought. I will be focusing on one of his treatise. What research approach, data collection method and data analysis method are appropriate for my research? could any scholar help me? Please a figure/ diagram for the methodology.
Could anybody provide me with articles about the impact of Islam or religious beliefs on ethical behaviour in the forensic science workplace such as crime laboratory/ crime scene?
The Shariah-compliant credit cards are becoming increasingly common in many countries.
"According to Brian Riley, a research director at TowerGroup, a financial services research firm based in Needham, Mass., Muslims constitute almost 24 percent of the world's population, and he estimates that total assets in Shariah-compliant banks will hit $1 trillion by 2011" (Read more: http://www.creditcards.com/credit-card-news/shariah-compliant-credit-cards-1273.php#ixzz43hAlz28i)
many Islamic banks are now involved in these Islamic credit cards in GCC Region, UK, USA, and more importantly in Malaysia (see Noor, A.M. and Azli, R.M., 2009. A review of SharENah compliant instruments for Islamic credit cards as adopted by Malaysian Financial Institutions. International Journal of Monetary Economics and Finance, 2(3-4), pp.221-238). instead of charging an interest "Riba", the customer is charged a subscription fee periodically
These efforts are apparently an attempt to utilize the huge Islamic compliant-assets worldwide. however, many people are still skeptics about the substance of these credit cards and the extent of its significance.
to what extent do you think that these Islamic instruments can contribute in the inclusion of Muslims in the financial system? and is it really Shariah-compliant?
i am particularly interested in :
Modeling Islamic principles, practices, and rituals (Islamic Law, prayer, fasting, inheritance, society, culture, history, islamic life plan, islamic finance, and other possible ideas), using Information technology techniques (specially UML, and java).
Is there anyone interested ?
I am conducting the comparative analysis of Islamic Law and Law Book of Manu regarding fiscal contracts (Business Contracts). I am in need of detailed commentary of Manu's Law Book, specially that explain the verses regarding Business Contracts.
In many semi-urban areas, various types of formal tenure have become predominant. For example, in some cases, there may even be more than one legally acceptable system operating, such as statutory, customary and religious systems as in Islamic countries .
First, I am looking for information about criminal and/or religious trials where Hudud or Hodood punishments could have been imposed, to be able to draw conclusions about the percentage of cases where such punishments are imposed versus the cases where the courts opt for other forms of punishment.
Second, I am looking for information about the actual application of the Hudud punishments, i.e. where and when was the judgment executed and a person's hand was cut off, or a person was flogged or stoned, versus cases where the judgment was pronounced but not executed.
Finally, for cases where Hudud punishments were imposed (and executed), I would like to find out whether the court followed Islamic law correctly, including the very strict requirements on evidence, or was motivated more by public opinion and external pressure, i.e. I am looking for the reasoning or motivation of such judgments to see whether the judges provide solid justification for their decisions.
Sources in Arabic are fine but for Urdu and other languages, I would need summaries in English, French, German, Spanish, or Italian.
Apart from model of economic agent of neoclassical (i,e Homo Economicus), proponents of Islamic finance as well as Muslim economists tend to formulate Islamic economic system with an ideal individual of economic actor, namely Homo Islamicus. Since Islamic economic system has not been practically realized in any economics policies of the Muslim countries, then the question can be raised as how this model (i.e Homo Islamicus) can be well functioned under the mainstream economics framework?